Divorce in Mauritius: Your Guide to the Divorce
If your marriage has irretrievably broken down and you seek a divorce, retaining an Attorney at Law (Avoué) and a Barrister at Law (Avocate) is essential. These professionals will draft and lodge the necessary paperwork and represent you in court. The Supreme Court of Mauritius (Family Division), located on Edith Cavell Street, Port Louis, will handle your case.
Divorce Process in Mauritius
- Lodging the Divorce Petition: Your legal representative will present the divorce petition to the Judge.
- Court Appearance: You must attend all court dates in person.
- Provisional Decree: If reconciliation is deemed impossible, a provisional decree of divorce is granted.
- Final Decree: After three months, if no reconciliation occurs, a permanent decree is issued, dissolving the marriage.
Required Documents
- Recent Marriage Certificate (issued within 3 months)
- Recent Birth Certificate
- National Identity Card
- Birth Certificate of any children from the marriage
Types of Divorce in Mauritius
According to Article 229 of the Mauritian Civil Code, divorces can be granted based on:
- Fault (Faute)
- Breach of Common Life (Rupture de la Vie Commune)
- Acceptance of Marriage Breakdown (Acceptation du Principe de la Rupture du Mariage)
- Mutual Consent (Consentement Mutuel)
Divorce for Fault
A spouse can file for divorce due to the other’s serious or repeated violations of marital duties, or if the other spouse has been sentenced to at least five years of criminal servitude.
Divorce for Breach of Common Life
A divorce can be requested if the spouses have been separated for three years. The filing spouse must demonstrate their ability to fulfill obligations towards the other spouse and any children.
Divorce by Acceptance of Marriage Breakdown
Divorce can be sought after 24 months of marriage when both spouses agree on the breakdown, regardless of the facts leading to it.
Divorce by Mutual Consent
Both spouses can jointly file for divorce if they agree on the breakdown and its effects, submitting an agreement to the judge. This cannot be requested within the first 24 months of marriage.
Kindly note that this post is for educational purpose only and does not constitute a legal advice.
Contact Me
For expert legal assistance with your divorce in Mauritius, contact me at 59491579 or boodramjesha@outlook.com